Cap.9;25 TRAFFICKING [N Pr.:RSONS (d) (e) (f) (g) , No.4/2014 the offender is an ascendant, parent, sibling, guardian or a person who exercises parental authority over the victim; or the offender is a member of a law enforcement agency or the leader of a religious body or group that purports to be a religious body; or by reason or on the occasion of the act of trafficking, tbe victim dies, becomes insane, suffers mutilation or is infected with the Human Immune Vims (HIV),Acquiredlmmuno-Deficiency Syndrome (AIDS) , a sexually transmitted infection (STI) or any other disease; or the transpmtation of the victim was, to the knowledge of the offender, procnred by any of the means specified in subsection (l)(a). (4) If a victim was trafficked for the purposes of adult or child pornography or prostitution, or for any purpose or in any circumstances involving the breach of the immigration or labour laws of Zimbabwe or of any country or territory, that victim shall not be charged with any crime whose essential clements include adult or child pornography, prostitution or the breach of the inunigration or labour laws in question. (5) If the person accused of trafficking in persons in contravention of subsection (2)(a) satisfies the court that there are special circum5tances in the case, which circumstances shall be recorded by the court, why the penalty provided under subsection (2)(a) should not be imposed, the person on conviction shall be liable to the penalty provided under subsection (2)(b). (6) No portion of a sentence imposed in terms of subsection (2)(a) shall be suspended by the court if the effect of such suspension is that the convicted person will serve less than ten years imprismunent. (7) It shall not be a defence to a charge of trafficking in persons for an offender to prove that ... · (a) a victim consented to any act constituting the offence; or (b) the victim had previously engaged in prostitution or pornography or has been convicted of any criminal offence; or (c) where the victim is a child, that the victim, or the parent, guardian or other person who has parental authority over the victim, consented to any act constituting the offence; or (d) the purpose for which the offence was conunitted was not fulfilled; or (e) any act constituting an essential element of the crime of trafficking in persons is a customary or religious practice. 4 Powers of law enforcement agents (1) A law enforcement agent, acting in good faith in the course of investigating or preventing the crime of trafficking in persons, or upon reasonable suspicion that that offence is being or may be about to be committed, or that any individual is or may be a trafficker or victim, bas the following powers-(a) (b) question any individual who has arrived in or is seeking leave to enter Zimbabwe. or is leaving Zimbabwe; and to search and examine the individual referred to in paragraph (a), and search any pl'Ope!ty in the possession or control of such individual: Provided that any bodily search or examination must be conducted with strict regard for decency; in particular the search and examination of a female person, unless conducted by a medical practitioner, must be undertaken only by a female law enforcement agent or other woman authorised by a law enforcement agent; and to 43 DISTRIBUTED BY VERITAS e-mail: veritas@mango.zw website: www.veritaszim.net Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied.